ORS 36.705
Vacating award

(1)

Upon petition to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:

(a)

The award was procured by corruption, fraud or other undue means;

(b)

There was:

(A)

Evident partiality by an arbitrator appointed as a neutral arbitrator;

(B)

Corruption by an arbitrator; or

(C)

Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(c)

An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to ORS 36.665 (Arbitration process) so as to prejudice substantially the rights of a party to the arbitration proceeding;

(d)

An arbitrator exceeded the arbitrator’s powers;

(e)

There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising an objection under ORS 36.665 (Arbitration process) (3) not later than the beginning of the arbitration hearing; or

(f)

The arbitration was conducted without proper notice of the initiation of an arbitration as required in ORS 36.635 (Initiation of arbitration) so as to prejudice substantially the rights of a party to the arbitration proceeding.

(2)

A petition under this section must be filed within 20 days after the petitioner is served with a petition for confirmation of an award under ORS 36.700 (Confirmation of award), unless the petitioner alleges that the award was procured by corruption, fraud or other undue means. If the petitioner alleges that the award was procured by corruption, fraud or other undue means, a petition under this section must be filed within 90 days after the grounds for challenging the award are known or, by the exercise of reasonable care, would have been known by the petitioner. A party filing a petition under this section must serve a copy of the petition on all other parties to the proceedings.

(3)

If the court vacates an award on a ground other than that set forth in subsection (1)(e) of this section, it may order a rehearing. If the award is vacated on a ground stated in subsection (1)(a) or (b) of this section, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d) or (f) of this section, the rehearing may be before the arbitrator who made the award or before any successor appointed for that arbitrator. The arbitrator must render the decision in the rehearing within the same time as that provided for an award in ORS 36.685 (Award) (2).

(4)

If the court denies a petition to vacate an award, it shall confirm the award unless a petition to modify or correct the award is pending. [2003 c.598 §23]
Note: See note under 36.600 (Definitions).

Source: Section 36.705 — Vacating award, https://www.­oregonlegislature.­gov/bills_laws/ors/ors036.­html (accessed May 26, 2025).

Notes of Decisions

“Evident partiality” means actual, discernable inclination to favor one party and does not require proof that award was affected by that inclination. Prime Properties, Inc. v. Leahy, 234 Or App 439, 228 P3d 617 (2010)

This section does not incorporate standard of “manifest disregard of the law.” Floor Solutions, LLC v. Johnson, 322 Or App 417, 520 P3d 902 (2022)

36.100
Policy for ORS 36.100 to 36.238 36.105
Declaration of purpose of ORS 36.100 to 36.238 36.110
Definitions for ORS 36.100 to 36.238 36.135
Review of dispute resolution programs 36.145
Dispute Resolution Account 36.150
Additional funding 36.155
Grants for dispute resolution services in counties 36.160
Participation by counties 36.165
Termination of county participation 36.175
Rules for administration of dispute resolution programs 36.179
Mediation and other alternative dispute resolution services for public bodies 36.185
Referral of civil dispute to mediation 36.190
Stipulation to mediation 36.195
Presence of attorney 36.200
Mediation panels 36.210
Liability of mediators and programs 36.220
Confidentiality of mediation communications and agreements 36.222
Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings 36.224
State agencies 36.226
Public bodies other than state agencies 36.228
Mediations in which two or more public bodies are parties 36.230
Public bodies 36.232
Disclosures allowed for reporting, research, training and educational purposes 36.234
Parties to mediation 36.236
Effect on other laws 36.238
Application of ORS 36.210 and 36.220 to 36.238 36.252
Agricultural mediation services coordinated by State Department of Agriculture 36.254
Contracts for mediation services 36.256
Request for mediation services 36.258
Duties of mediator 36.260
Mediation agreement 36.262
Confidentiality of mediation materials 36.264
Civil immunity for mediators and mediation service providers 36.266
Suspension of court proceedings during mediation 36.268
Provision of mediation services contingent on funding 36.280
Mediation of disputes related to interference with farming practices 36.283
Confidentiality of mediation communications and agreement 36.400
Mandatory arbitration programs 36.405
Referral to mandatory arbitration 36.410
Stipulation for arbitration 36.415
Arbitration after waiver of amount of claim exceeding $50,000 36.420
Notice of arbitration hearing 36.425
Filing of decision and award 36.450
Definitions for ORS 36.450 to 36.558 36.452
Policy 36.454
Application of ORS 36.450 to 36.558 36.456
Construction of ORS 36.450 to 36.558 36.458
When written communication considered to have been received 36.460
Waiver of objection to arbitration 36.462
Prohibition on intervention by court 36.464
Venue 36.466
Arbitration agreements to be in writing 36.468
Application to stay judicial proceedings and compel arbitration 36.470
Interim judicial relief 36.472
Number of arbitrators 36.474
Procedure for appointment of arbitrators 36.476
Disclosure by proposed arbitrators and conciliators 36.478
Procedure for challenging arbitrator 36.480
Withdrawal of arbitrator 36.482
Substitute arbitrator 36.484
Arbitral tribunal may rule on own jurisdiction 36.486
Interim measures of protection ordered by arbitral tribunal 36.488
Fairness in proceedings 36.490
Procedures subject to agreement by parties 36.492
Place of arbitration 36.494
Commencement of arbitral proceedings 36.496
Language used in proceedings 36.498
Contents of statements by claimant and respondent 36.500
Oral hearing 36.502
Effect of failure to make required statement or to appear at oral hearing 36.504
Appointment of experts 36.506
Circuit court assistance in taking evidence 36.508
Choice of laws 36.510
Decision of arbitral tribunal 36.512
Settlement 36.514
Arbitral award 36.516
Termination of arbitral proceedings 36.518
Correction of errors in award 36.520
Setting aside award 36.522
Enforcement of award 36.524
Grounds for refusal to enforce award 36.526
Provisions to be interpreted in good faith 36.528
Policy to encourage conciliation 36.530
Guiding principles of conciliators 36.532
Manner of conducting conciliation proceedings 36.534
Draft conciliation settlement 36.536
Prohibition on use of statements, admissions or documents arising out of conciliation proceedings 36.538
Conciliation to act as stay of other proceedings 36.540
Termination of conciliation proceedings 36.542
Conciliator not to be arbitrator or take part in arbitral or judicial proceedings 36.544
Submission to conciliation not waiver 36.546
Conciliation agreement to be treated as arbitral award 36.548
Costs of conciliation proceedings 36.550
Payment of costs 36.552
Effect of conciliation on jurisdiction of courts 36.554
Immunities 36.556
Severability 36.558
Short title 36.600
Definitions 36.605
Notice 36.610
Effect of agreement to arbitrate 36.615
Application for judicial relief 36.620
Validity of agreement to arbitrate 36.625
Petition to compel or stay arbitration 36.630
Provisional remedies 36.635
Initiation of arbitration 36.640
Consolidation of separate arbitration proceedings 36.645
Appointment of arbitrator 36.650
Disclosure by arbitrator 36.655
Action by majority 36.660
Immunity of arbitrator 36.665
Arbitration process 36.670
Representation by a lawyer 36.675
Witnesses 36.680
Judicial enforcement of preaward ruling by arbitrator 36.685
Award 36.690
Change of award by arbitrator 36.695
Remedies 36.700
Confirmation of award 36.705
Vacating award 36.710
Modification or correction of award 36.715
Judgment on award 36.720
Jurisdiction 36.725
Venue 36.730
Appeals 36.735
Uniformity of application and construction 36.740
Relationship to electronic signatures in Global and National Commerce Act
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§ 36.705’s source at oregon​.gov